Major Questions about Vaccine Mandates, the Supreme Court, and the Major Questions Doctrine

“In the absence of principled guidelines, the [major questions] doctrine serves as a major transfer of federal policymaking power from the elected branches to an unelected and unaccountable judiciary,” writes Professor Wendy Parmet in a co-authored piece for the Petrie Flom Center’s Bill of Health Blog. “Worse, it offers those who are regulated yet another way to challenge any and all federal health regulations, allowing litigation to become our primary means of making public health policy.”